-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, UPoVbDcFKGAifgUxvaD5l3xYXT8mVCxyrcMq7MZHx63CndljaFfViUlaK3twcvnm 1WhOqP+Vig4hA1vSOpCg1A== 0001140361-08-001459.txt : 20080116 0001140361-08-001459.hdr.sgml : 20080116 20080116153507 ACCESSION NUMBER: 0001140361-08-001459 CONFORMED SUBMISSION TYPE: SC TO-T/A PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20080116 DATE AS OF CHANGE: 20080116 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: BOSTON FINANCIAL QUALIFIED HOUSING TAX CREDITS L P IV CENTRAL INDEX KEY: 0000845035 STANDARD INDUSTRIAL CLASSIFICATION: OPERATORS OF APARTMENT BUILDINGS [6513] IRS NUMBER: 043044617 STATE OF INCORPORATION: DE FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: SC TO-T/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-80100 FILM NUMBER: 08533432 BUSINESS ADDRESS: STREET 1: 101 ARCH ST 16TH FLR CITY: BOSTON STATE: MA ZIP: 02110-1106 BUSINESS PHONE: 6174393911 MAIL ADDRESS: STREET 2: 101 ARCH STREET 16TH FL CITY: BOSTON STATE: MA ZIP: 021101106 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Anise, L.L.C. CENTRAL INDEX KEY: 0001305643 IRS NUMBER: 201041559 STATE OF INCORPORATION: MO FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC TO-T/A BUSINESS ADDRESS: STREET 1: 1001 WALNUT CITY: KANSAS CITY STATE: MO ZIP: 64106 BUSINESS PHONE: 816-303-4500 MAIL ADDRESS: STREET 1: 1001 WALNUT CITY: KANSAS CITY STATE: MO ZIP: 64106 SC TO-T/A 1 schtota.htm SCHEDULE TO-T/A 1-16-08 schtota.htm



SCHEDULE TO-T

Securities and Exchange Commission
Washington, DC 20549


Schedule TO-T/A


Tender offer statement under Section 14(d)(1) or 13(e)(1)
of the Securities Exchange Act of 1934
(Amendment No. 1)


Boston Financial Qualified Housing Tax Credits L.P. IV
(Name of Subject Company (issuer))


Anise, L.L.C. (offeror)
Christopher J. Garlich Trust
Christopher J. Garlich
Jose L. Evans
Denise Evans
(Names of Filing Persons (identifying status as offeror, issuer or other person))


Units of Limited Partnership Interest
(Title of Class of Securities)


None
(CUSIP Number of Class of Securities)


Polsinelli Shalton Flanigan Suelthaus PC
Attn: Scott M. Herpich
700 W. 47th Street
Suite 1000
Kansas City, Missouri 64112
Telephone (816) 753-1000


(Name, address and telephone number of person authorized to
receive notices and communications on behalf of filing persons)


Calculation of Filing Fee


Transaction valuation*
Amount of filing fee
$1,360,000
$41.76
            * Calculated as the product of the Units on which the Offer is made and the gross cash price per Unit.


                                                             
1



[X] Check box if any part of the fee is offset as provided by Rule 0-11(a)(2) and identify the filing with which the offsetting fee was previously paid. Identify the previous filing by registration statement number, or the Form or Schedule and the date of its filing.

Amount previously paid:        $41.76                                    Filing party:                      Anise, L.L.C.
Form or registration no.:          SC TO-T                                Date filed:                         December 21, 2007


[   ] Check box if the filing relates solely to preliminary communications made before the commencement of a tender offer.


Check the appropriate boxes below to designate any transactions to which the statement relates:

[X] third-party tender offer subject to Rule 14d-1.
[   ] issuer tender offer subject to Rule 13e-4.
[   ] going-private transaction subject to Rule 13e-3.
[   ] amendment to Schedule 13D under Rule 13d-2.


Check the following box if the filing is a final amendment reporting the results of the tender offer: [   ]


                                                                
2



This Tender Offer Statement on Schedule TO (this “Statement”) relates to an offer by Anise, L.L.C. (the “Purchaser”), a Missouri limited liability company, to purchase up to 6,800 units (“Units”) of limited partnership interests in BOSTON FINANCIAL QUALIFIED HOUSING TAX CREDITS L.P. IV (the “Partnership”) at a cash purchase price of $200 per Unit, without interest, less the amount of Distributions (as defined in the Offer to Purchase (as defined herein)) per Unit, if any, made to Unit holders by the Partnership after the date of the offer, upon the terms and subject to the conditions set forth in the Offer to Purchase, dated December 21, 2007, as it may be supplemented or amended from time to time (the “Offer to Purchase”), and the related Agreement of Transfer and Letter of Transmittal, as it may be supplemented or amended from time to time (the “Letter of Transmittal,” which, together with the Offer to Purchase, constitutes the “Offer”).

In connection with the Offer, on January 16, 2008, the Purchaser sent a letter to the limited partners of the Partnership, a copy of which is filed as Exhibit (a)(i)(iv) hereto.

Item 12.                 Exhibits

(a)(1)(iv)               Form of Letter to Unit Holders dated January 16, 2008.
(a)(1)(v)
Form of Agreement of Transfer and Letter of Transmittal, with Instructions (incorporated by reference from Exhibits to the Schedule TO filed by Anise, L.L.C. on December 21, 2007).


                                                               
3




SIGNATURE

After due inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.


Dated: January 16, 2008
 
ANISE, L.L.C., a Missouri limited liability company
     
   
By: /s/ DeAnn Totta
   
DeAnn Totta, Manager
     
   
Christopher J. Garlich Trust
     
   
By: /s/ Christopher J. Garlich 
   
Christopher J. Garlich, Trustee
     
   
/s/ Christopher J. Garlich 
   
Christopher J. Garlich
     
   
/s/ Jose L. Evans 
   
Jose L. Evans
     
   
/s/ Denise Evans
   
Denise Evans



 
 
 
 
 
 
 
 
 
 
4
EX-99.4(A)(L)(IV) 2 exh99_4.htm EXHIBIT 99.4 (A)(L)(IV) exh99_4.htm


EX-99.4 (a)(1)(iv)

ANISE, L.L.C.                                                                                                                                          
1001 Walnut, Kansas City, MO 64106 ~ (816) 877-0892
 
January 16, 2008

TO: Our Fellow Boston Financial Qualified Housing Tax Credits L.P. IV Limited Partners
 

We have previously sent you our offer to purchase your units for $200 per unit and we are still interested in buying.

The price offered for the units is $200 in CASH, less any distributions made after the original date of our Offer and any transfer fees charged by the Partnership.  $200 PER UNIT IS THE SAME AMOUNT ASTHE GENERAL PARTNER'S BEST ESTIMATE OF LIQUIDATION VALUE, WHICH YOU CAN OBTAIN NOW BY TENDERING, AS OPPOSED TO WAITING POTENTIALLY YEARS FOR THE GENERAL PARTNER TO LIQUIDATE THE PARTNERSHIP’S ASSETS.
 
NOW IS THE TIME TO SELL.  Over the past few years, we believe our efforts and the efforts of other limited partners like Everest Housing Investors 2, LP (“Everest”) have caused the current General Partner, MMA Financial (MMA), to report many of their self-dealing arrangements with YOUR PARTNERSHIP CASH that MMA would never otherwise have disclosed without the threat of us and other limited partners taking action against MMA.  Examples of MMA’s self-dealing and selective disclosure of affiliate relationships include:

·  
MMA reported the “banking arrangement” in which MMA’s affiliates had profited to the tune of $428,533 from below market interest rates received by your PARTNERSHIP on cash deposits (which amount was so large due to MMA’s decision some time ago to increase the cash reserves by over 600%, as opposed to distributing such excessive cash reserves directly to you).

·  
MMA’s failure to disclose a few years ago an affiliate arrangement with a local limited partnership and the fee the affiliate could receive in connection with a proposed sale of the property held by the local limited partnership.

Do you really think MMA would have self-reported these items if we and other limited partners had not been using aggressive tactics to force MMA to do what is in the best interest of you—the limited partners—as opposed to MMA’s best interest?  More importantly, if Everest is unsuccessful in its solicitation to remove MMA as the general partner and we and other similarly situated limited partners no longer spend personal funds to coerce MMA to act in the best interest of the limited partners, do you really think it won’t be “BUSINESS AS USUAL” for MMA?

Assuming the offer is not over subscribed, limited partners who sell all of their units will also eliminate the need to file Form K-1 information for the Partnership with their federal tax returns for years after the Partnership's confirmation of the transfer of units.

We urge you to return your completed Agreement of Transfer and Letter of Transmittal promptly (blue form) in the envelope provided.

The offer is scheduled to expire on January 25, 2008. For answers to any questions you might have regarding these materials or our offer, or assistance in obtaining a copy of the offer materials or the procedures for accepting our offer and tendering your Units, please contact us at (816) 877-0892.

Very truly yours,

Anise, L.L.C.
 
 
 
1
-----END PRIVACY-ENHANCED MESSAGE-----